IS THE COST OF REPAIRS MADE IN THE FOREIGN COUNTRIES UPON VESSEL OR AIRCRAFT DUTIABLE?


Photo Courtesy: Aviation Safety Bureau Site

According to section 201 of the Tariff and Customs Code of the Philippines (TCCP), as amended, entitled: Basis of Dutiable Value, quoted that in determining the Duties and Taxes upon all Articles imported into the Philippines shall be computed based on the Price Actually Paid or Payable (PAPP) by the buyer to the seller.

In relation to section 100 of the same Code (the TCCP) all articles when imported from any foreign country into the Philippines, shall be subject to duty upon each importation, even though previously exported from the Philippines, except as otherwise specifically provided for in this code (i.e. the TCCP) or other laws.

Further, that under the general rule: pursuant to section 1201 of the same code, All articles imported into the Philippines whether subject to duty or not shall be entered through a customhouse at a port of entry.

Therefore, all cost of repairs made in the foreign countries upon VESSEL OR AIRCRAFT shall be subject to duty, unless satisfied under certain condition pursuant to section 105 of the TCCP, without prejudice to the specific documentary requirements upon availing this privilege that may deemed necessary:
  1.  The subject VESSEL OR AIRCRAFT repaired is/are documented, registered of licensed in the Philippines, upon satisfactory proof to the Collector of Customs (BOC) that;   
  2. That adequate facilities for such repairs are not afforded in the Philippines;
  3. That such vessels or aircrafts, while in the regular course of her voyage or flight was compelled by stress of weather or other casualty to put into foreign port to make such repairs in order to secure, seaworthiness or airworthiness of the vessel or aircraft to enable her to reach her port of destination.
However, the said exemption is not applicable to the value of Article/s used for such repair.

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[Manila, Philippines | Posted: August 2014]